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Draper City Zoning Code

CHAPTER 8

ZONE ESTABLISHMENT

9-8-010: ZONE ESTABLISHMENT:

In order to accomplish the purposes of the Draper City general plan and this title, the following zones (or zoning districts), along with their accompanying abbreviations, are hereby established as follows:
A.   Agricultural zones:
 
A5
Agricultural
A2
Agricultural
 
B.   Residential zones:
RA1
Residential agricultural
RA2
Residential agricultural
RH
Single-family residential (hillside)
R3
Single-family residential
R4
Single-family residential
R5
Single-family residential
RM1
Multiple-family residential
RM2
Multiple-family residential
 
C.   Commercial zones:
CN
Neighborhood commercial
CC
Community commercial
CR
Regional commercial
CG
General commercial
CI
Interchange commercial
CBP
Business/manufacturing park
CO1
Professional office
CO2
Professional office
O-R
Office residential
TC
Town center
DC
Destination commercial
CS
Commercial services
MARF
Major freeway arterial frontage
CBU
Commercial buffer
 
D.   Public facility zones:
 
PF
Public facility
OS
Open space
PI
Public institutional
 
E.   Manufacturing zones:
 
M1
Light manufacturing
M2
Major manufacturing
 
F.   Special purpose and overlay zones:
 
MPC
Master planned community
OSL
Sensitive lands overlay
OHD
Historic district overlay
OMP
Master plan overlay
CSD
Commercial special district
 
(Ord. 1096, 4-29-2014; amd. Ord 1408, 10-15-2019; Ord. 1437, 5-19-2020; Ord. 1447, 8-4-2020)

9-8-020: ZONE PURPOSES:

In addition to the general purposes of this title as set forth in section 9-1-030 of this title, the various zones each serve more specific purposes as set forth below:
A.   Agricultural Zones: Agricultural zones are established to preserve and protect agricultural lands and related activities, to permit activities normally and necessarily related to agricultural production, and to prohibit land uses that may undermine continued agricultural activity.
1.   The purpose of the A5 zone is to maintain the status of large tracts of agricultural land by allowing most commercial agricultural uses. Typical uses include farming, dairy, and cattle production.
2.   The purpose of the A2 zone is to allow a lifestyle that includes generally noncommercial agricultural uses on large lots. Typical uses include estate lots, noncommercial stables, and other equestrian facilities.
B.   Residential Zones: Residential zones are established to provide a wide range of residential land uses at various densities. These zones are intended to protect the stability of neighborhoods and to encourage, collectively, diverse types of desirable new residential development and to protect existing residential uses.
1.   The purpose of the RA1 and RA2 zones is to foster low density development with little impact on its surroundings and municipal services; to generally preserve the character of the city's semirural areas; and to promote and preserve conditions favorable to large lot family life, including the keeping of limited numbers of animals and fowl. The predominant use in these zones is intended to be detached single-family dwellings, protected from encroachment by commercial and industrial uses.
2.   The purpose of the RH zone is to allow large scale, master planned residential development in foothill and mountainous areas. Developed areas are intended to consist of various types of clustered dwellings on relatively small lots, together with carefully limited commercial development. To achieve relatively low overall densities, developed areas are intended to be offset by large tracts of conservation land.
3.   The purpose of the R3 zone is to permit medium density residential development without special mitigation requirements. This zone is intended to provide incentives to foster residential development with little impact on its surroundings and on municipal services, and to generally preserve the semirural character called for in the density element of the general plan.
4.   The purpose of the R4 and R5 zones is to permit medium to medium-high density residential developments with single-family homes. These zones are intended to foster thriving and well maintained neighborhoods that allow upscale single-family homes on smaller lots that require less maintenance and provide a balanced lifestyle.
5.   The purpose of the RM1 and RM2 zones is to permit well designed apartments, townhomes, twin homes, and condominiums at relatively high densities that are appropriately buffered from and compatible with surrounding land uses.
C.   Commercial Zones: Commercial zones are established to provide areas where a combination of business, commercial, entertainment, office, and related activities may be established, maintained and protected. Commercial zones are intended to provide a suitable environment for those commercial and service uses which are vital to the economic base of the city.
1.   The purpose of the CN zone is to provide areas where convenience buying outlets, having small trade areas, may be established to serve surrounding residential neighborhoods. This zone is intended to promote a combination of retail and service facilities which, in character and scale, meet day to day needs of nearby residents.
2.   The purpose of the CC zone is to provide areas where commercial uses may be established which are generally oriented toward local residents rather than out of town patrons. Uses typical of this zone include planned retail and office development.
3.   The purpose of the CR zone is to provide areas where a combination of destination oriented business, retail commercial, entertainment, and related uses may be established, maintained and protected to serve both residents and nonresidents of the city. Typical uses in this zone include large scale, master planned commercial centers with outlying commercial pads, big box stores, and offices.
4.   The purpose of the CG zone is to provide areas to accommodate commercial uses which are not within shopping centers of integrated design. This zone is intended to apply to existing "strip commercial" developments. The zone should not be used for new commercial development unless integrated shopping center development is not practical or desirable because of difficult size, shape, topography, or similar problems related to land otherwise deemed to be appropriate for commercial use. Typical uses in this zone include offices, retail stores, personal services, heavy commercial, and institutional uses.
5.   The purpose of the CI zone is to provide areas with visibility and access from Interstate 15 that are commuter and traveler oriented. Typical uses include lodging facilities, personal services, travel plazas, restaurants and fast food facilities, and commuter parking.
6.   The purpose of the CBP zone is to provide aesthetically attractive planned developments having a mix of office, research and development, light manufacturing, and limited retail uses. Typical uses in this zone include offices, clean indoor manufacturing facilities, service retail, restaurants, athletic clubs, personal service shops, medical offices, office/warehouse buildings, and research facilities.
7.   The purpose of the CO zone is to provide locations primarily along arterial or major collector streets which will accommodate offices or laboratories for professional persons and other related uses. The zone is intended to provide availability of professional services conveniently to all neighborhoods in the city. Two (2) CO zones are provided: CO1 and CO2. CO1 zones are intended to allow office and related uses on relatively small tracts of land so they can be conveniently and compatibly located adjacent to residential areas. CO2 zones allow larger office and related use developments adjacent to commercial areas and away from residential areas. Typical uses in this zone include offices for doctors, dentists, accountants, and other similar professions, medical and dental laboratories, and pharmacies.
8.   The purpose of the TC town center zone is to provide a method for implementing special provisions found within the general plan and the Draper City conservation area master plan regarding the establishment and promotion of a historic core area of the community characterized by stringent design standards for buildings, public spaces, site design and landscaping with a harmonious mix of commercial uses, limited high density residential uses and civic areas.
9.   The purpose of the DC zone is to provide an area that is uniquely regional in nature, with lodging, food establishments, retail, office, service uses, and entertainment as the only allowed uses.
10.   The purpose of the CS commercial services zone is to provide areas for uses that are not typically allowed in commercial zones but are lower impact and less intrusive in nature as they relate to surrounding residential neighborhoods. This zone is intended to be relatively limited in scope and application. Typical uses may include office and storage units.
11.   The Major Freeway Arterial Frontage zone is located at approximately 14875 South Minuteman Drive bordered by Minuteman Drive and Marion Vista. Railroad lines abut the property on the south. The size, unusual shape and unique location of the property allows for a master planned project with a potential for office, commercial, multiple-family dwellings, and other uses. The property has immediate proximity to major transportation corridors such as Interstate-15 Frontage Road (Minuteman Drive) and almost direct access to I-15 at the 14600 South interchange. The property has a distinct topography and exposure to freeway traffic and is located away from single-family residential neighborhoods.
12.   The primary purpose of the Commercial Buffer Zone (CBU) is to support low intensity commercial uses that act as a buffer between existing residential neighborhoods and commercial development. Adopted design guidelines may be applicable when zones are adjacent to the town center (TC) zoning classification.
D.   Public Facility Zones: Public facility zones are established to provide public or quasi-public uses.
1.   The purpose of the PF zone is to provide areas for facilities owned by public and quasi-public entities and which utilize relatively large areas of land. This zone is intended to provide immediate recognition of such areas on the official zoning map. Typical uses in this zone are cemeteries, hospitals, open air theaters, public parks, public schools, and public utility facilities.
2.   The purpose of the OS zone is to recognize on the official zoning map areas which are open and generally undevelopable due to their sensitive environmental nature and/or the unavailability of adequate public facilities, such as conservation areas and national forest land.
3.   The purpose of the PI zone is to provide areas for educational institutions, municipal uses, and athletic facilities, whether publicly or privately owned, that host organized team sports. These uses would utilize relatively large areas of land, and would be established for the health and betterment of the community at large. This zone is intended to provide immediate recognition of such areas on the official zoning map. Typical uses in this zone are schools, parks, municipal facilities, and sports complexes.
E.   Manufacturing Zones: Manufacturing zones are established to provide areas where manufacturing and industrial processes may be conducted.
1.   The purpose of the M1 zone is to provide areas for uses involving processing and assembly of manufactured goods, warehousing, and material storage. Uses which generate excessive noise, vibration, odor, dust, and fumes are excluded from this zone.
2.   The purpose of the M2 zone is to provide areas where uses involving industrial processes and natural resource extraction may be permitted without negatively impacting other areas of the city, especially when undertaken on a large scale. To assure compatibility with uses in other adjacent zones, most manufacturing operations are allowed only as conditional uses.
F.   Special Purpose And Overlay Zones: Special purpose and overlay zones are established to provide a means of implementing supplemental regulations that apply geographically, regardless of the underlying base zone, if applicable. Whenever the regulations of a base zone and an overlay zone conflict, the overlay zone regulations shall apply.
1.   The purpose of the OSL zone is to provide regulations to protect sensitive land areas such as hillsides, floodplains, and river parkway areas.
2.   The purpose of the OHD zone is to implement regulations designed to promote the preservation of structures and sites having historical, cultural, or architectural significance, and to foster economic development consistent with historic preservation plans adopted by the city.
3.   The purpose of the OMP zone is to provide a method for implementing special provisions found in various master plans, such as the Bangerter interchange area, Draper City conservation area, gateway, northern gateway, and Southpointe master plans.
4.   The purpose of the MPC zone is to promote high quality, innovative and creative large scale development that includes a mixture of residential, commercial and employment uses, varying densities, heights, setbacks, lot sizes and sufficient diversity of housing types. The MPC zone is designed to preserve open space, provide parks, trails and recreational uses with a desirable living and working environment with unique identity and character.
5.   The purpose of each CSD zone is to permit a compatible, master planned mix of day and evening uses consisting of office, light manufacturing, retail, residential, recreation and open space components. Although development size and use mix will vary from location to location, each development is intended to consist of well designed, architecturally integrated structures which are appropriately landscaped and buffered from surrounding land uses.
(Ord. 394, 8-7-2001; amd. Ord. 693, 7-11-2006; Ord. 698, 8-1-2006; Ord. 806, 2-19-2008; Ord. 913, 9-1-2009; Ord. 996, 1-17-2012; Ord. 1096, 4-29-2014; Ord. 1408, 10- 15-2019; Ord. 1437, 5-19-2020; Ord. 1447, 8-4-2020; Ord. 1479, 2-16-2021)

9-8-030: OFFICIAL ZONING MAP:

A.   Zones: The location and boundaries of all zones described in this chapter, including subsequent amendments, shall be shown on an official zoning map, entitled "city of Draper official zoning map". The official zoning map, including all boundaries, notations, and other data shown thereon, is hereby adopted by this reference as if set forth in its entirety. All territory within the city shall be subject to the land use restrictions set forth for such zones, as shown upon the official zoning map.
B.   Amendments: Amendments to the boundaries of a specific zone shown on the official zoning map shall be accomplished in accordance with the provisions set forth in section 9-5-060 of this title.
C.   Map Updates: The zoning administrator shall update the official zoning map as soon as possible after amendments are adopted by the city council. Upon entering any such amendment on the map, the zoning administrator shall note on the map the date of the revision.
D.   Historic Reference Copy: A print of each updated official zoning map shall be given to the city recorder to be filed and kept for historical reference. (Ord. 394, 8-7-2001)

9-8-040: INTERPRETATION OF ZONING BOUNDARIES:

A.   Applicability: Where uncertainty exists as to the boundary of any zone shown on the official zoning map, the provisions of this section shall apply to determine the location of such boundary.
B.   Centerlines Or Edges: Zone boundaries indicated as approximately following the edge or centerline, as the case may be, of a street, alley, railroad, highway or other public way, incorporated municipality, floodplain, body of water or topographic feature that was in existence when the boundary was established, shall be interpreted as following such edge or centerline.
C.   Lot, Block, And Tract Lines: Zone boundaries indicated as approximately following platted lot lines, or block or parcel tract boundaries shall be interpreted as following such lines.
D.   Street Vacations: When a public road, street, or alley is officially vacated, such property shall have the same zoning as the adjacent property. In the event vacated property is adjacent to two (2) zones, each zone shall extend to the centerline of the vacated right of way.
E.   Uncertainties: When a physical or cultural feature existing on the ground is at variance with one shown on the official zoning map, or in case any other uncertainty exists with respect to a zone boundary, the zoning administrator shall determine the boundary location, subject to appeal as provided in this title. (Ord. 394, 8-7-2001)

9-8-050: CLARIFICATION OF ZONING:

A.   Ambiguous Zone Classification: Any property not clearly zoned on the city's official zone maps or determined to be subject to a zone classification under this title is classified in the agricultural zone, A5, and shall be subject to A5 zone requirements.
B.   Ambiguous Use Classification: If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, the following process applies:
1.   Application: An applicant may submit a classification request to the Zoning Administrator to determine if a proposed business use aligns with an existing permitted or conditional use in this title. The application shall include information specified by the Zoning Administrator, such as use description, operational details, and site plans.
2.   Zoning Administrator Review: The Zoning Administrator shall determine if the proposed use is substantially similar to an existing permitted or conditional use based on the following criteria:
a.   Type of goods and services provided;
b.   Number of customers and employees;
c.   Amount and type of on-site storage; and
d.   Noise, odor, or vibration generated.
3.   Determination Of Existing Use: If the Zoning Administrator determines the proposed use is substantially similar to an existing use, the applicant may proceed under the regulations applicable to that use.
4.   New Or Unlisted Business Use: If the Zoning Administrator determines the proposed use is a new or unlisted business use not substantially similar to an existing use, the applicant may submit the application to the City Council for review. The City Council shall review the application at a public meeting within sixty (60) days of submission, provided the applicant responds to requests for additional information within ten (10) business days and attends required meetings. The City Council shall approve or deny the new or unlisted business use based on consistency with the Draper City General Plan, public health and safety, and zoning compatibility. If approved, the City Council shall designate one or more appropriate zones for the use and direct staff to amend this title to incorporate the use as a permitted or conditional use in those zones. For site-specific or temporary uses, the City Council may designate zones via resolution, provided staff proposes a code amendment within one hundred eighty (180) days for uses intended for broader application. If denied, the City Council shall provide written reasons for the denial, and staff shall amend this title to add the use to the prohibited uses list in Section 9-3-060A.
5.   Appeals: The Zoning Administrator's determination under Subsection B2 or B3 may be appealed to the authority designated under section 9-5-180, within the timeframe specified therein. The City Council's decision under Subsection B4 may be appealed as provided in Section 9-5-060F.
C.   Ambiguous Development Standards Classification: If ambiguity arises concerning height, yard, area, or other property development standards, the Zoning Administrator shall determine the appropriate development standard, subject to appeal as provided in section 9-5-180 of this title. (Ord. 394, 8-7-2001; amd. Ord. 1662, 7-1-2025)

9-8-060: NEWLY ANNEXED TERRITORIES:

Territory which is annexed shall be deemed to be zoned A5 immediately upon annexation or as otherwise expressly provided in an annexation agreement. (Ord. 394, 8-7-2001)